In this case of eminent domain, the Indiana Court of Appeals affirmed the trial court’s judgment in favor of the property
owners. The Clark County Board of Aviation Commissioners appealed, arguing the lower court lacked subject matter jurisdiction
as predicated in the language of State v. Universal Outdoor, Inc., 880 N.E.2d 1188, 1190 (Ind. 2008).

The COA rejected the board’s argument. It pointed out the passage from Universal Outdoor is “misleading.”
If statutory procedures are not followed, the trial court could be prohibited from hearing the issue of damages not because
it lost jurisdiction but because legal error was committed.

Writing for the Supreme Court, Chief Justice Brent Dickson acknowledged the Court of Appeals was correct. When deciding Universal
Outdoor, the Supreme Court should have stated failure to file a timely exemption bars a property owner from challenging
the filed report.

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